Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Mar 10, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 10, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Thursday, March 10, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Manzie, Small, and Richardson
Absent: Daves

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MARCH 10, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Thursday, March 10, 2016, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk Lisa C. Lambert.

Pastor W. E. Jones, Friendship Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Manzie, Small, Williams, Rich and Richardson
Absent: Daves

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 and #4:

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of four minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meeting of March 1, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson announced the groundbreaking for the new Federal Courthouse will take place Friday.

Mayor Stimpson reported that last week he was in Washington D.C. for the presentation of the National Championship to the University of Alabama, by President Obama.

The Mayor stated his experience with the “Over the Edge” event was a success.

Mayor Stimpson stated that Alpha Kappa Alpha sorority will hold their 84th Southeastern Regional Conference in Mobile, March 10 – 13.

Mayor Stimpson noted he had the opportunity to dine at the new Dauphin’s restaurant on top of the BankTrust building.

Samuel Dunne, 3rd grader at W.H. Council Elementary School, recited “The Negro Mother” poem by Langston Hughes. Samuel’s grandparents, Reverend and Mrs. Jones, his teacher, Mrs. Burge and his principal, Mrs. Hattie Alexander were present to support him.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Small, and the vote was as follows:

Ayes: Manzie, Small, Williams, Rich, Gregory and Richardson
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

Councilmember Williams moved to repeal the postponement of ordinance 02-008, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the motion adopted.

ORDINANCE: 02-008-2016

Sponsored by: Councilmembers Richardson and Williams

WHEREAS, all legislative powers of the City are vested in the Council, and the Council is authorized to set the agenda for its meetings and to determine its own rules and order of business; and,

WHEREAS, the Council desires to amend the Council's Rules of Procedure to clarify the requirements for placing an item on the agenda for the Council's meetings.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

SECTION ONE. That Section Sixteen (A) of the Rules of Procedure for the Mayor- Council Form of Government for the City of Mobile, Alabama, codified at section 2-66(a) of the Mobile City Code, is hereby amended so that it now reads in its entirety as follows:

(A) Ordinances and resolutions to be presented to the city council for consideration must follow a routing process before placement on the agenda.

Ordinances should be prepared by the legal department or the council attorney. The council attorney should review any ordinance that he does not prepare as to form and legality prior to the entertainment by the council of any motion to adopt that ordinance.

Resolutions can be prepared by departments, but they should be reviewed by the legal department.

The council committee(s) should review all non-routine ordinances and resolutions before being placed on the agenda. The committee(s) should have a minimum of two (2) weeks to review each item.

The council president will determine which council committee(s) should review the item before placement on the agenda.

No item will be placed on the agenda without all necessary signatures.

Three originally signed copies of a contract, signed by the contractor, should be submitted for routing with the appropriate insurance certificates attached.

(1) Copies of any ordinance or resolution to be submitted or introduced at any meeting of the council shall be filed with the city clerk prior to the meeting. Copies shall be distributed to each councilmember and official to be present at the meeting, and copies shall be made available to the mayor for distribution to any department affected. After the meeting, the city clerk shall prepare additional copies, if such be necessary, to supply to interested citizens or taxpayers requesting copies at her office, at a reasonable charge for such copies.

(2) No ordinance shall be put on its final passage on the same day on which it was introduced, except upon unanimous consent.

(3) No ordinance shall relate to more than one (1) subject, which shall be expressed clearly and briefly in its title; provided a single ordinance may amend one (1) or more sections of the Code which relate to the same general subject matter as contained in a single title, chapter, or article thereof.

(4) No ordinance or code section or any portion thereof shall be amended or repealed unless the new ordinance contains the title or designation of the ordinance or code section amended or repealed. When practicable, all ordinances shall be introduced as amendments to existing ordinances or code sections.

SECTION TWO. That Section Sixteen (B) of the Rules of Procedure for the Mayor-Council Form of Government for the City of Mobile, Alabama, codified at section 2-66(b) of the Mobile City Code, is hereby amended so that it now reads in its entirety as follows:

(B). Ordinances, resolutions, and other matters or subjects requiring action by the Council must be sponsored by a member of the Council; and the Mayor may join as a co-sponsor thereof. No such ordinance, resolution, or other matter requiring action by the Council shall be placed on the agenda for any meeting unless it is sponsored by a member of the Council. If a Council committee recommends any item or matter to the Council, the Committee Chair, or any member of the Committee, may be listed as a sponsor, but they must be listed by name, not by Committee.

SECTION THREE. All ordinances and laws, or parts thereof that are in conflict with the- provisions of this Ordinance, are hereby repealed.

SECTION FOUR. The provisions of this Ordinance are severable. If any part of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

SECTION FIVE. This Ordinance will be in full force and effect from and after its adoption
and publication as required by law.

Councilmember Williams moved to table ordinance 02-008-2016, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance tabled.

APPEALS:

(1) The Council considered the request of Mary Pompey for a waiver of the Noise Ordinance at 622 Mohawk Street on March 27, 2016 from 6:00 p.m. – 10:00 p.m. (District 5).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

(2) The Council considered the request of Rogery Perine for a waiver of the Noise Ordinance at 7024 Champions Run on March 19, 2016 from 3:00 p.m. - 10:00 p.m. (District 7).

There being no objections, Councilmember Small moved that the waiver be granted, which motion was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

Antonie Maeben, 1111 East I-65 Service Road, South, Mobile presented the Council with a list of questions regarding the proposed budget cuts to the Wave Transit System.

Herb Wagner, 732 Jemison Street, Mobile, spoke in opposition of ordinance 64-009.

Councilmember Richardson responded in favor of ordinance 64-009.

Councilmember Rich posed questions regarding the size and history of the property.

Bert Hoffman, Planning and Zoning department, responded that the ordinance is intended to create one legal lot for the entire site that encompasses approximately forty-six acres.

ORDINANCES HELD OVER:

REZONE PROPERTY LOCATED AT 8561 U. S. HIGHWAY 90 WEST (NORTH SIDE OF HAMILTON BOULEVARD, 2/10 +/- MILE EAST OF U. S. HIGHWAY 90 WEST, EXTENDING TO THE WEST TERMINUS OF EAST RITE ROAD) FROM 4-a TO I-2. The following ordinance which was introduced and read at the regular meeting of Tuesday, March 1, 2016, and held over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

Ordinance: 64-009-2016

Sponsored by: Councilmembers Williams

AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF TILE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16. 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile. State of Alabama described as follows to-wit:

BEGINING AT THE SOUTHEAST CORNER OF LOT 5, CAL-GAS SUBDIVISION, AS RECORDED IN MAP BOOK 38, PAGE 1 OF THE PROBATE COURT RECORDS OF MOBILE COUNTY, ALABAMA, SAID POINT BEING LOCATED ON THE NORTH RIGHT OF WAY LINE OF HAMILTON BOULEVARD, (VARIABLE WIDTH R/W), FORMERLY ISLAND ROAD; THENCE N-01°-08'-22"-W, ALONG THE EAST LINE OF SAID LOT 5, FOR 517.30 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID LOT 5, SAID POINT ALSO LYING ON THE SOUTH LINE OF LOT 1, BENEDICK SUB DIVISION, UNIT ONE, AS RECORDED IN MAP BOOK 50, PAGE 28 OF THE AFORESAID PROBATE COURT RECORD OF MOBILE COUNTY; THENCE N-89°-51’-54”-W ALONG THE NORTH LINE OF SAID LOT 5 AND THE SOUTH LINE OF SAID LOT 1, FOR 112.28 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N-00°-08’-58”-E, ALONG THE WEST LINE OF SAID LOT 1, FOR 1429.42 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE S-89°-51’-02”-E, ALONG THE EAST LINE OF SAID LOT 1, FOR 1631.21 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT LYING ON THE WEST RIGHT OF WAY LINE OF CSX RAILROAD, FORMERLY L & N RAILROAD, (100 FOOT R/W) THENCE S-28°-32’-01”-W, ALONG THE WEST RIGHT OF WAY LINE OF SAID CSX RAILROAD, FOR 62.35 FEET; THENCE SOUTHWESTERLY, ALONG THE WEST RIGHT OF WAY LINE OF SAID CSX RAILROAD AND AROUND A CURVE TO THE RIGHT HAVING A RADIUS OS 18043.43 FEET AND A DELTA ANGLE OF 04°-20’-10” FOR AN ARC DISTANCE OF 1365.52 FEET; THENCE S-32°-54’-11”-W, ALONG THE WEST RIGHT OF WAY LINE OF SAID CSX RAILROAD, FOR 854.86 FEET TO A POINT AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF SAID CSX RAILRAOD WITH THE NORTH RIGHT OF WAY LINE OF AFORESAID HAMILTON BOULEVARD (80-FOOT R/W); THENCE N-89°-24’-33”-W, LEAVING THE WEST RIGHT OF WAY LINE OF SAID CSX RAILRAOD AND ALONG THE NORTH RIGHT OF WAY LINE OF SAID HAMILTON BOULEVARD, FOR 320.48 FEET TO THE POINT OF BEGINNING. SAID PARCEL LYING AND BEING IN SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 WEST, MOBILE COUNTY, ALABAMA, AND CONTAINING 1998383 SQUARE FEET FOR 45.877 ACRES, MORE OR LESS.

The classification of said property is hereby changed from R-A, Residential-Agricultural District to I-2, Heavy Industry District and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a 1-2, Heavy Industry District, provided, however that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall he approved by the Building inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws including the requirements of said Zoning Ordinance of May 16, 1967- and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in an I -2, Heavy Industry District, until all of the conditions set forth below have been complied with:

Section Two: This Ordinance shall be in three and effect from and after its adoption and publication.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 64-009 Series 2016 was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on:

The ordinance was read by the City Clerk; whereupon Councilmember Williams moved that the ordinance be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams and Gregory
Nays: None
Abstention: Rich

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

ORDINANCE DEEMING VACANT PROPERTY NOW NOT NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE TO THE UNIVERSITY OF SOUTH ALABAMA. The following ordinance which was introduced and read at the regular meeting of Tuesday, March 1, 2016, and held over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

Ordinance: 88-010-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA as follows:

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama that the property hereinafter described is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be sold to the University of South Alabama.

Beginning at the Northwest corner of Lot 1 of the Mobile Area Water and Sanitary Sewer Business/Operations Site Subdivision, as recorded in Map Book 78, Page 100, Probate Court Records, Mobile County, Alabama, run South 56°19-39" east, along the north boundary of said Lot 1 and the north boundary of Lot 2 in said subdivision, a distance of
554.84 feet; thence North 04°-42'-30" east, along the west boundary of Lot 3 in said subdivision, a distance of 48.25 feet; thence along the south right-of-way line of St. Stephens Road (right-of-way varies) and a projection thereof, run North 57°-25'-30" west, 524.81 feet; thence south 70°-52'-36" west 23.64 feet; thence South 04° 0-15'-05" west, along the east right-of-way line of Lambert Street (50 foot right-of-way), a distance of 15.28 feet to the Point of Beginning. Containing 20,268.68 square feet.
SECTION TWO: The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively for and in the name, and on behalf of the City of Mobile, the attached Purchase Agreement for the property shown above.

SECTION THREE: The Mayor and City Clerk are also hereby authorized and directed to execute and attest, respectively, for and in the name and on behalf of the City of Mobile, the deed for the property shown above, when said deed is prepared.

SECTION FOUR: John Olszewski, Real Estate Officer, of the City of Mobile is hereby authorized and directed to negotiate, and to execute for and in the name and on behalf of the City of Mobile, whatever supporting documents, affidavits, closing statements, or other ancillary forms necessary to complete the sale of said property.

SECTION FIVE: Said Purchase Agreement and Deed are by reference made a part of this ordinance as fully as if set forth herein and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Department, 4th Floor. Government Plaza, 205 Government Street. Mobile, Alabama.

SECTION SIX: This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Ordinance No. 88-010 Series 2016 was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on:

The ordinance was read by the City Clerk; whereupon Councilmember Williams moved that the ordinance be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance adopted.

RESOLUTIONS HELD OVER:

DECLARE THE STRUCTURE AT 1014 DAUPHIN STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution which was introduced and read at the regular meeting of Tuesday, 2016, and laid over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 40-006-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 1014 Dauphin Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 1014 Dauphin Street described as:

LOT 10 & W 51 FT OF LOT 11 BLK 4 DAUGHDRILL & KENNEDY S/D MBK 1/14 #SEC 40 T4S R1W #MP29 06 40 0 009

Parcel # 02-29-06-40-00-09-214.

Last Assessed to: Ellen T. Turner
P. O. Box 160124
Mobile, AL 36616

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be tabled, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution tabled.

DECLARE THE STRUCTURE AT 401 CHIN STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution which was introduced and read at the regular meeting of Tuesday, March 1, 2016, and laid over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 40-020-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 401 Chin Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 401 Chin Street described as:

LOT 43 BLK 2 EAST HIGHLANDS DBK 156 P 94-95 #SEC 44 T4S R1W #MP29 02 44 0 003

Parcel # 02-29-02-44-00-03-157.

Last Assessed to: Ernest Boykin
c/o Anthony Kidd
845 Citerion Street
Prichard, AL 36610

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be tabled, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution tabled.

AUTHORIZE CONTRACT WITH TRANE U.S., D/B/A GULF SOUTH TRANE, FOR DDC CONTROLS SYSTEM INSPECTION AND PREVENTATIVE MAINTENANCE-WEST REGIONAL LIBRARY AND BEN MAY LIBRARY, $9,997.00. The following resolution which was introduced and read at the regular meeting of Tuesday, March 1, 2016, and laid over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-147-2016

Sponsored by: Councilmembers Williams and Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Trane U.S. Inc. d/b/a Gulf South Trane
DDC Controls System Inspection and Preventative

Project Name: West Regional Library and Ben May (Main) Library Maintenance

Project Number: SC-089-16

Amount: $9,997.00


The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC., FOR THE MOBILE CRUISE TERMINAL-CIVIL ENGINEERING SERVICES FOR VARIOUS IMPROVEMENTS, $8,430.00. The following resolution which was introduced and read at the regular meeting of Tuesday, March 1, 2016, and laid over until the regular meeting of Thursday, March 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-148-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Thompson Engineering, Inc.

Project Name: Mobile Alabama Cruise Terminal - Civil Engineering

Services for Various Improvements

Project Number: CT-017-16

Amount: $8,430.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CONSENT RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-150 through 58-153 and 31-160. The motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPOINT MARY WILLIAMS TO THE HUMAN RELATIONS COMMISSION. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-150-2016

Sponsored by: Councilmembers Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Mary Williams is appointed to the Human Relations Commission effectively immediately for a term ending February 8, 2018.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Williams, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ALLOCATE $300,000.00 OF UNALLOCATED FUNDS IN THE STRATEGIC PLAN FUND (FUND 2005) TO CAPITAL PROJECT CO259 CRUISE TERMINAL EQUIPMENT & MISCELLENAEOUS. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 09-151-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that $300,000.00 of unallocated funds in the Strategic Plan Fund (Fund 2005) be allocated to Capital Project CO259 Cruise Terminal-Equipment & Miscellaneous.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR FIVE, 609 DAUPHIN STREET. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-152-2016

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of Application: Restaurant Retail Liquor License

Submitted by: Five Mobile, LLC

Location: Five
609 Dauphin Street
Mobile, AL 36602

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1534. The following resolution was introduced by Councilmember Small.

RESOLUTION: 58-153-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OR OF ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA.
WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of culling such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1534 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby, made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

The resolution was read by the City Clerk; whereupon Councilmember Small moved that the resolution be adopted, which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPROVE FY 2016-17 FOURTH YEAR ANNUAL ACTION PLAN, COMMUNITY DEVELOPMENT BLOCK GRANT (EMERGENCY SOLUTION GRANT AND HOME INVESTMENT PARTNERSHIP ENTITLEMENT FUNDS), $3,328,156.00 The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 31-160-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Action Plan for 2016 is hereby adopted. Said Plan shall direct resources to develop a viable urban community by providing decent affordable housing and a suitable living environment along with h expanding economic opportunities for low and moderate-income persons. Said Action PIan is the fourth installment within the City's overall five-year "2013-2017 Consolidated Housing and Community Development Plan,” and establishes projects for the next program year from May 1, 2016 through April 30, 2017, to be funded with assistance from the following programs which are funded by the U.S. Department of Housing and Urban Development Community Development Block Grants (CDBG), HOME Investment Partnership Grants and Emergency Solutions Grants (ESG). The City followed its HUD and City Council approved Citizen Participation Plan throughout the process.

BE IT FURTHER RESOLVED that the Mayor, or his designee, is directed and authorized to act on b half of the City of Mobile in the filing of this plan with HUD, and that this authorization extends to the execution of all required certifications and to all other actions required to obtain referenced Federal funds. The Mayor, or his designee, is further authorized to execute Sub-recipient Agreements, Conditional Commitment Letters, Developer Agreements, Administrative Agreements, Loan Agreements, and associated security documents on behalf of the City in accordance with the funding recommendations attached herein as Exhibit 1.

A copy of this Plan shall remain on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolution 21-154. The motion was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for the items.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CONTRACT WITH J. A. DAWSON & CO., INC., FOR LANGAN PARK-PLAYGROUND SHADE STRUCTURES, $52,887.00 (2016 CIP PROJECT #366, D7). The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 21-154-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: J. A. Dawson & Co., Inc.

Project Name: Langan Park — Playground Shade Structures

Project Number: PR-030-16 (2016 CIP Project#366, District 7)

Amount: $52,887.00

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT WITH BMI DEPENDENT AUDIT SERVICES, LLC, TO CONDUCT A DEPENDENT AUDIT OF THE CITY’S HEALTH PLAN; TO COLLECT TOBACCO ATTESTATION FORMS; AND TO COLLECT AN EEO-R SURVEY, $34,186.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 01-155-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Dependent Eligibility Audit Services Agreement between the City of Mobile and BMI Audit Services, LLC, for the conducting of a dependent audit of the City of Mobile Health Plan; to collect Tobacco Attestation Forms needed to determine employee contribution rates for implementation of Tobacco Cessation Program; and to conduct an EEO-4 survey, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Business Associate Agreement between the City of Mobile and BMI Audit Services, LLC, to prevent the disclosure of protected health information, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH PPM CONSULTANTS, INC., FOR LADD STADIUM ANNUAL GROUND WATER MONITORING/STATISTICAL EVALUATION, $12, 905.55. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 21-156-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of Company: PPM Consultants, Inc.

Project Name: Ladd Stadium Annual Ground Water

Monitoring/Statistical Evaluation.

Estimated Cost: $12,905.55

AUTHORIZE CONTRACT WITH HARRIS CONTRACTING SERVICES, INC., FOR HANK AARON STADIUM-POWER QUALITY IMPROVEMENTS, $49,900.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 21-157-2016

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Harris Contracting Services, Inc.

Project Name: Hank Aaron Stadium - Power Quality Improvements

Project Number: PR-057-16

Amount: $49,900.00

AUTHORIZE CONTRACT WITH PRA GOVERNMENT SERVICES, LLC, D/B/A RDS, TO DISCOVER UNLICENSED BUSINESSES THAT HAVE NOT BEEN IDENTIFIED BY THE CITY REVENUE DEPARTMENT. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 21-158-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Tax Revenue Enhancement Agreement Business License Discovery/Recovery, between the City of Mobile and PRA Government Services, LLC d/b/a RDS, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

ACCEPT PERMANENT SIDEWALK AND DRAINAGE EASEMENTS FROM WESTWOOD PLAZA, LLC, NEEDED FOR THOMAS ROAD INTERSECTION IMPROVEMENTS. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 25-159-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE ALABAMA that:

THE CITY OF MOBILE does hereby accept the Permanent Sidewalk Easement and Permanent Drainage Easement, needed for Thomas Road Intersection Improvements.

SAID PERMANENT SIDEWALK EASEMENT AND PERMANENT DRAINAGE EASEMENT are by reference made a part of this resolution as fully as if set forth herein with a copy attached hereto.

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC., FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL, MOORING HARDWARE INSPECTION SERVICES, $14,900.00. The following resolution was held over for one (1) week until the regular meeting of Tuesday, March 15, 2016.

RESOLUTION: 21-161-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: Thompson Engineering, Inc.

Project name: City of Mobile, Alabama Cruise Terminal
Mooring Hardware Inspection Services

Project number: CT-017-16

Amount: 14,900.00

CALL FOR PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 5680 LARUE STEINER ROAD (NORTH SIDE OF LARUE STEINER ROAD, 375 +/- WEST OF U.S. HIGHWAY 90 WEST) FROM B-3 TO I-1, TO ACCOMMODATE PROPOSED FUTURE BUSINESSES. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 41-162-2016

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 5th day of April, 2016, at 10:30 am. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 10th day of March, 2016.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOT 5, STEINER PROPERTIES SUBDIVISION, AS RECORDED IN MAP BOOK 86, PAGE 67, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from B-3, Community Business District, to I-1, Light Industry District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a Light Industry District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a I-1, Light Industry District, until all of the conditions set forth below have been complied with: 1) full compliance with all applicable codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

Councilmember Gregory then moved to call for the public hearing, which move was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Friday, April 5, 2016.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 4484 RUTGERES ROAD (NORTH SIDE OF RUTGERS ROAD, 450 +/- WEST OF TUFTS ROAD) FROM R-1 TO B-1, TO ALLOW AN OFFICE FOR A TREE TRIMMING SERVICE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 41-163-2016

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 8th day of April, 2016, at 10:30 um. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 10th day of March, 2016.

BE IT RESOLVED BY TILE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

LOT 144, EVERGREEN GARDENS, UNIT II, AS RECORDED IN MAP BOOK 5, PAGE 699 IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-1, Buffer Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-1, Buffer Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16. 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-1, Buffer Business District, until all of the conditions set forth below have been complied with: 1) full compliance with the voluntary use conditions provided by the applicant; 2) outside storage allowed with the following restrictions: construction storage area shall be completely screened by a 6' privacy fence; all materials stored shall not be stacked higher than 6'; heavy equipment such as bull dozers, dump trucks, etc. are not allowed; 3) use and development of the site to comply with all commercial site requirements; and full compliance with all municipal codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

Councilmember Gregory then moved to call for the public hearing, which move was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Friday, April 5, 2016.

CALL FOR PUBLIC HEARING TO REZONE PROPERTY AT 4501 RUTGERS ROAD (SOUTH SIDE OF RUTGERS ROAD, 630 +/- SOUTH SIDE OF RUTGERS ROAD, 630 +/- WEST OF TUFTS ROAD) FROM R-1 TO B-2 TO ACCOMMODATE PROPOSED FUTURE BUSINESSES. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 41-164-2016

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the attached amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance." The adoption of such amendment will be considered by the City Council of Mobile in the Mobile Government Plaza Auditorium, 205 Government Street, Mobile, Alabama, on the 8th day of April, 2016, at 10:30 um. At such time and place all persons who desire shall have an opportunity to be heard in opposition to, or in favor of the amendment. Furthermore, the City Council, at this public hearing, may consider zoning classifications other than that sought by the applicant for this property.

This notice is published pursuant to a resolution of the City Council of Mobile adopted on the 10th day of March, 2016.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish the attached proposed amendment to the Zoning Ordinance at least once a week for two consecutive weeks in a newspaper of general circulation within the municipality, together with the attached notice stating the time and place that said proposed amendment is to be considered by the City Council, and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such amendment.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile. State of Alabama. described as follows to-wit:

LOT 144, EVERGREEN GARDENS, UNIT II, AS RECORDED IN MAP BOOK 5, PAGE 699, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA.

The classification of said property is hereby changed from R-1, Single-Family Residential District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, provided, however that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, until all of the conditions set forth below have been complied with: 1) full compliance with the voluntary use conditions provided by the applicant; commercial site development requirements of all applicable city codes and ordinances; and 3) provision of a 6' wooden privacy fence where the site abuts residentially zoned property.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

Councilmember Gregory then moved to call for the public hearing, which move was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Rich and Gregory
Nays: None

The vote was then announced whereupon the Presiding Officer set the date for the public hearing as Friday, April 5, 2016.

ANNOUNCEMENTS

Councilmember Rich encouraged everyone to attend the Festival of Flowers at Providence Hospital March 10 – 13.

Councilmember Rich announced the district 6 community meeting will be held Thursday, March 31, 6:30 p.m. – 8:00 p.m., at the Connie Hudson Senior Center

Councilmember Small thanked the Mobile Airport Authority, Friends of Doyle Park, Airbus and his colleagues for their support in the renewal of Doyle Park.

Councilmember Small noted the Fulton Heights Community Action Group meeting Thursday, March 10, 6:00 p.m. at St. Monica’s Catholic Church.

Councilmember Small will hold a district three meeting on Tuesday, March 15, 2016, 6:00 p.m., at Maryvale Elementary School. Mayor Stimpson and Police Chief Barber are invited.

Councilmember Small invited everyone to attend the fourth annual district three Easter egg hunt on Saturday, March 26, 2016, 3:00 p.m., at Maryvale Elementary School

Councilmember Manzie stated the district 2 meeting time and venue will be announced soon.

Councilmember Williams announced an ongoing effort by the Skyline Corridor group to improve the appearance of Highway 90. Councilmember Williams has committed assistance to the group in his 2017-2018 Capital Improvement Plan.

Councilmember Williams invited his colleagues and the administration to join him Easter morning at Lloyd’s Station.

Councilmember Richardson mentioned the street resurfacing projects in the Beau Terra community.

Councilmember Richardson congratulated the Leflore girls’ basketball team on their State Championship win.

Councilmember Richardson commented that because of the Capital Improvement Plan that Figures Park will be getting a walking trail and new sidewalks will be installed in Toulminville.

Councilmember Richardson will be a speaker at the 10th anniversary of the Dora Franklin Finley African American Heritage Trail tonight.

Councilmember Richardson announced that he will be honored as “Man of the Year” by Zeta Phi Beta sorority on Saturday, March 19.

Councilmember Manzie stated the dates and times of four (4) district 2 community meetings will be announced soon.

Councilmember Manzie will meet with the Oakleigh Historic District tonight for their annual session.

Councilmember Manzie will be speaking at the 10th anniversary of the Dora Franklin Finley African American Heritage Trail.

Councilmember Gregory announced the district seven community meeting will be on Tuesday, March 29, 2016, 6:00 p.m. at Mobile Botanical Gardens. Police Chief Barber and Executive Director of Planning and Development Diane Irby have been invited.

Councilmember Gregory stated that Plantasia at Mobile Botanical Gardens will be held March 18-20, 2016.

The Presiding Officer adjourned the meeting at approximately 11:30 a.m.

Approved: March 15, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK





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